Right to indemnity from gainer ensures trustees may recover amounts received from a breach of trust, with charge on beneficiary interest. A person other than the trustee who has gained an advantage from a breach of trust must indemnify the trustee to the extent of the amount actually received; where he is a beneficiary the trustee has a charge on his interest for such amount. A trustee guilty of fraud in committing the breach is not entitled to indemnity.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Right to indemnity from gainer ensures trustees may recover amounts received from a breach of trust, with charge on beneficiary interest.
A person other than the trustee who has gained an advantage from a breach of trust must indemnify the trustee to the extent of the amount actually received; where he is a beneficiary the trustee has a charge on his interest for such amount. A trustee guilty of fraud in committing the breach is not entitled to indemnity.
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